How To Get a DBA in Rhode Island in Three Steps
By FindLaw Staff | Legally reviewed by Catherine Hodder, Esq. | Last reviewed September 20, 2024
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For your everyday business needs, your startup may obtain a “doing business as” (DBA) name. A DBA is the “nickname” a business owner uses to market products or services. If you are a Rhode Island entrepreneur, consider this step-by-step guide to register a DBA in Rhode Island.
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What Is a DBA?
A DBA is an alternate name for your business. Your small business may deal with the public through this assumed business name—instead of your personal name, the name of your LLC, or any other entity you registered with the state. For example, if you sell sculpted bird baths for your craft-focused company Garden Arts, LLC, and your name is Colette Smith, you might do business as Bird Baths by Colette.
Do I Need a DBA in Rhode Island?
Yes, if you’re using a brand name. Rhode Island is one of the U.S. states in which business and franchise owners must register their DBAs. Based on your form of business, you need to register with the state or your local government. Some companies must do both.
Rhode Island business owners find DBAs useful for a broad range of business activities. Startup owners with Employer Identification Numbers (EINs) may open business bank accounts under their DBA name so that paying clients can use the brand name. An entrepreneur can use this unique “doing business as” name to create an online presence, website address, and social media identity.
What’s more, a Rhode Island DBA can serve a small business owner as a tool for rebranding a registered business to start offering new products or services. This can relieve an owner of the work and time of creating a whole new business. If you own a business and want to test a new market or service, having a DBA makes it possible without changing your registered business name.
A Rhode Island business owner gains the ability to sue for the brand name by registering it. See R.I. Gen. Laws (RIGL) § 7-1.2-402 (e), part of the Rhode Island Business Corporation Act. This supports the public’s right to know if a particular individual or company operates under another name.
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Conduct a Name Search
Business owners need unique trade names to identify their brands and avoid confusion for potential customers. Rhode Island denies business name filings for any proposed names “identical or not distinguishable” from any name in its active database.” Therefore:
Check Rhode Island’s Name Availability Guidelines and search through the existing business names in the state’s Corporate Database.
Repeat your search using the county clerk’s website for the county where your business will primarily operate.
Search social media to find out if any other entrepreneurs or firms already use the name you want. Also search existing website domains through the Internet Corporation for Assigned Names and Numbers (ICANN).
While a DBA is not the same as a trademark, many new business owners also search the federal database of the U.S. Patent and Trademark Office (USPTO) to find out if a specific name is already in use in their markets. You may not infringe on another business owner’s trademarked name. Ultimately, you might also decide to trademark your own brand name with the U.S. Patent and Trademark Office.
Check The Validity of Your Fictitious Name
Keep your Rhode Island DBA free of legally problematic terms:
Avoid words implying a licensing or business structure (Incorporated or Inc., Limited Liability Company or LLC, Professional Corporation or PC, Business Trust, Chartered, Professional Association, Professional Organization, and so forth) if they aren’t legally accurate for your business.
Avoid terms suggesting your business is a federally recognized tribe or nation, or a government-related department.
Do not include the name of a real person in your DBA (unless the trade name also contains words that remove public confusion).
For other rules about the fictitious name of the business, refer to the Rhode Island Secretary of State’s Business Services Division. Carry out your preliminary research online. The Secretary of State’s office also encourages you to check for more information by contacting its office directly.
File Registration of Your DBA
Visit the Rhode Island Secretary of State’s Document Library to look up your type of business.
For foreign entities, corporations, limited liability partnerships, limited partnerships (LPs), or any incorporated business type, an authorized officer must file the Rhode Island DBA name (officially called a fictitious business name) with the Rhode Island Department of State. Incorporated business owner(s) should check with their local government to know if the owner must additionally file there.
If your business is a limited liability company (a Rhode Island LLC), refer to the Rhode Island Limited Liability Company Act. You must file a DBA with the Secretary of State’s Division of Business Services to use your brand name in place of the legal business name. The filing fee for your Rhode Island DBA is $50.
If you have an informal business such as a sole proprietorship or a general partnership, register with your local government (county clerk or city clerk). Using a DBA, a solo entrepreneur or a partnership can brand their business with an assumed name rather than exposing their personal identities to the public.
On the registration form for your assumed name:
Complete the form with all required fields: your legal name as the authorized officer of a business; your business name, location, and date of incorporation; your proposed DBA name; a brief statement of the business being done; the legal name and the address of the person(s) operating your business. R.I. Gen. Laws § 7-1.2-402 (b).
Submit the form to the clerk’s office for each Rhode Island county where your nonregistered business entity operates. Submit Rhode Island’s form and filing fee, as instructed on a particular county website.
Review additional signing, notarization, and filing details in the Rhode Island statute. Note that your DBA filing will be on the public record.
After Registering Your DBA
When you have your DBA, review the following list of things to do:
Add any necessary insurance endorsement to cover your Rhode Island business and the related fictitious business name.
Sole proprietors and partnerships (plus state-registered entities required to file at the county as well as the state level) should review county-level instructions for maintaining the DBA name.
If, at any point, you need to change or modify your DBA, be sure to file a new DBA certificate with the filing fee.
Frequently Asked Questions
Need Help Filing Your DBA?
Rhode Island law interacts with local ordinances, making a small business owner’s legal landscape more complex. Check for additional provisions that may impact you from Rhode Island’s Department of Business Regulation, as well as the rules and guidance provided by your county clerk.
Need individualized advice? See our attorney directory. Or allow our trusted partner, LegalZoom to carry out your business name search and DBA application filing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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